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Week 103 - Sunday - 11 November 2001

BAVA METZIA: CHAPTER 8: MISHNAH 5

If one sold his olive trees for wood, and they produced less than a quarter per se'ah, then they belong to the owner of the olive trees. If they produced a quarter per se'ah: this one says, "My olive trees grew it," and the other says, "My land grew it" - they divide. If a river flushed out his olive trees and deposited them in his fellow's field: this one says, "My olive trees grew it," and the other says, "My land grew it" - they divide.

Kehati

We have already mentioned (in the introduction to the preceding mishnah) that this mishnah does not deal with the main subject of Chapter 8, but is brought here incidental to the law which was taught in mishnah 2.

If one sold his olive trees - to his fellow, so that the latter could cut them down and use them - for wood - for heating, and the purchaser left them on the land of the seller - and they produced less than a quarter per se'ah - i.e., inferior olives grew on the trees, which produced less than one quarter of a log of oil per se'ah of olives. The Gemara explains that this is exclusive of the oil which covered the expenses of picking and pressing (l se'ah = c. 12 liters; 1/4 log = c. 1/8 liter) - then they belong to the owner of the olive trees - i.e., the purchaser, since the owner of the land would not be particular about such a small quantity. But if there was enough oil in them so that - they made a quarter - log - per se'ah - and certainly if they produced more than a quarter-log of oil per se'ah: this one says - the purchaser claims - "My olive trees grew" - The trees which I purchased produced the olives, and they are mine - and the other says - the owner of the land claims - "My land grew" - My land produced them, and they are mine - they divide -

The Gemara explains that if he sold him the olive trees on condition that he cut them down immediately, then even if they produced less than 1/4 log per se'ah, they belong to the owner of the land. If he sold them on condition that he cut them down whenever he pleases, then even if they produced 1/4 log per se'ah, they belong to the owner of the olive trees. The mishnah deals only with the case in which he sold them without the seller stipulating with the purchaser when the latter would cut down the trees. In such a case, the mishnah teaches that they belong to the owner of the olive trees if they produce less than 1/4 log of oil per se'ah, and they belong to the owner of the land if they produce at least 1/4 log of oil per se'ah.

If a river flushed out his olive trees - A's olive trees - and deposited them in his fellow's field - in B's field, and they took root there and produced olives: this one says - A claims - "My olive trees grew" - "My trees produced the olives" - and the other says - B claims - "My land grew - them," and they are mine - they divide -

The Gemara explains that the mishnah refers to a case in which the olive trees were uprooted together with the clods of earth surrounding the roots, in such a manner that the trees could continue to live. These are therefore exempt from the law of orlah (the prohibition against eating the fruits of the first three years after the tree's planting), as we learn, "A tree which was uprooted together with the soil around its roots is exempt from orlah if it is capable of living; and is not exempt if not" (Mishnah, Or. 1:3). In such a case, this mishnah teaches that the two parties divide the produce. The case in the mishnah occurs within the first three years after the trees took root in B's field. Although it was B's land which produced the fruit, B would not have been permitted to consume the fruit (due to the prohibition of orlah) if it had not been for A's clods of earth, which were uprooted with the trees. They therefore divide the fruit. After three years, however, all the produce belongs to B, the owner of the land, for he says to A: "I myself could have planted olive trees, and I would now be eating their fruit." B must pay to A, however, money for the olive trees, according to their worth as plantings. The Gemara also states that if A says that he wants to take his trees from B's field, his request is denied, due to the commandment to cultivate the land of Israel. I.e., since A already had olive trees in his field, he will undoubtedly plant others in their stead. The uprooted trees remain in B's land; which contributes to the cultivation of the land of Israel. If, however, we were to rule that B is to return A's trees to him, B would not plant others in their stead, just as he did not have trees previously (Bet Yosef 168).

BAVA METZIA: CHAPTER 8: MISHNAH 6

If one lets his house to his fellow during the rainy season, he cannot evict him from the Festival to Passover; during the summer, thirty days. In cities, whether during the summer, whether during the rainy season, twelve months. And for shops, whether in towns, whether in cities, twelve months. Rabban Shimon ben Gamliel says, A shop of bakers or of dyers - three years.

Kehati

The mishnayot from here to the end of the chapter, deal with the rental of houses.

If one lets a house to his fellow - for a specific sum per month, without specifying a date for him to vacate - during the rainy season, he cannot evict him - from his house - from the Festival - of Sukkot, during which the rainy season (in Israel) begins - to Passover - since vacant apartments are not to be found during this period; during the summer - i.e., if he comes to evict him before Passover, he must inform him of this during the summer, i.e., from the fifteenth day of the month of Elul, which is - thirty days - before the festival of Sukkot (which marks the beginning of the rainy season). If he did not inform him from the fifteenth day of Elul, then he is forbidden to evict him before Passover. It follows from the mishnah that he cannot evict him during the summer unless he informed him thirty days before the date of the eviction (Gemara, B. M. 101b, and Rashi loc. cit).

In cities - to where everyone is attracted to live, and where vacant apartments are not to be found the entire year - whether during the summer, whether during the rainy season - he must inform him - twelve months - before the date of the eviction. Just as the landlord is obligated to inform, the tenant has a similar obligation to inform the landlord (thirty days prior to his leaving in towns, and twelve months prior to his leaving in cities), so that the landlord will be able to search for a desirable tenant, and will not be left with a vacant house. If the tenant does not inform the landlord, he cannot vacate the apartment; he must pay the rent (Gemara; Hil. Sekhirut 6:8).

And for shops - since the shopkeeper sells to his customers on credit, and requires a great deal of time in order to collect the debts owed to him, whether in towns, whether in cities - the landlord is not permitted to evict him until he informs him - twelve months - prior to his eviction.

Rabban Shimon ben Gamliel says, A shop of bakers or of dyers - the landlord is obligated to inform him - three years - before the date of his eviction. The Gemara explains the reason for this ruling: "since their credit is great," i.e., they extend long-term credit to their customers (Rashi, Bartenura). Hameiri writes, however, that he does not accept this interpretation, and asks if indeed these shopkeepers give so much more credit than other artisans. It appears to him that the trouble involved in their giving credit and in their moving from place to place is great, since they need a suitable building which can contain their large utensils, they need large quantities of water, and they also use fire in their work, and most buildings do not meet these needs.

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